UPDATED 4/17/2013

STUDENT GOVERNMENT ASSOCIATION BYLAWS

Article I Executive Officers Section 1. Section 2. The Office of the President shall hold Chief Executive Power with the exceptions noted in the Constitution and Bylaws. The executive function shall be utilized through the Executive Branch, consisting of the President, Vice President, Treasurer, Secretary, Chief of Staff, and members of the Executive Cabinet. Any Executive Officer shall be automatically and immediately removed from office if his/her academic standing is academic probation, if his/her disciplinary standing is in disciplinary probation, or if his/her student status fall bellows that of full-time equivalency as defined by the university. All Executive Officers shall provide all documents pertaining to their respective offices to the Student Government Association Archivist. President A. Shall call and preside at all meetings of the Executive Cabinet and of Executive Officers B. Shall have the power to approve or deny the proposed budget drawn up by the Treasurer after approval from Student Senate, prior to the start of the academic year, in concurrence with Article III.2.B.6. C. Shall act as an ex-officio, non-voting member of all Executive Commissions, Student Senate, and Ad-Hoc Committees. D. Shall establish Executive Commissions for research into various areas of concern, as necessary. E. Shall appoint all Secretaries of the Executive Cabinet and the Executive Chief of Staff. F. Shall appoint the Archivist, with two-thirds approval of Student Senate. G. Shall provide a channel of communication between the administration, faculty, and professional staff with the student body, and Student Government Association. H. Shall furnish a comprehensive report to the Student Senate with an update on the Executive Slates platform progress at the last Senate of every academic month, September through April, with the exception of December.

Section 3.

Section 4. Section 5.

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I.

J. K. Section 6.

Shall have the power to sign Student Senate legislation thereby sending it to the respective area of University Governance and/or making it effective for the Student Government Association, or veto the legislation thereby sending it back to Student Senate. Shall act upon all legislation passed by Student Senate that has passed concurrent with Article III.2.B.6. Shall be a voting member of the University Senate, University Senate Governance and Elections Committee, and Student Activities Committee.

Vice President A. Shall serve as Chief Administrative Officer of the Student Government Association under the President. B. Shall preside in the absence of the President at the meetings of the Executive Branch, as well as attend functions due to absence at the discretion of the President. C. Shall serve as Chief Justice of the students sitting on the University Review Board. D. Shall serve as the President of Student Senate, fulfilling the duties stated in Article III.3 E. Shall be a voting member of University Senate and serve on the University Senate Student Rights, Ethics, & Standards Committee and Elections Board, as an ex-officio, non-voting member. Treasurer A. Shall draw up the proposed budget for the ensuing fiscal year. B. Shall present the proposed budget to the Student Senate prior to the final Senate of the Spring Semester, as well as by the third Senate meeting of the Fall Semester, both after approval from Finance Committee. C. Shall submit the budget to the Student Activity Fee Committee for allotment. D. Shall furnish a comprehensive report of all expenditures, income, and balance to be presented at the last Senate of every academic month, September through April, with the exception of December. E. Shall require financial reports from the respective areas of the Student Government Association. F. Shall make disbursements and receive income in a timely manner. G. Shall keep the books of the Student Government Association and shall keep those books open for public inspection at all times. Secretary A. Shall coordinate the operations of the Student Government Association office. B. Shall serve as the Executive Secretary for Student Senate and the Executive Branch. C. Shall be responsible for the publishing and distribution of all minutes, all of which shall be available to the public.

Section 7.

Section 8.

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D. E. F.

Shall maintain correspondence to all entities from the Student Government Association. Shall act upon matters at the discretion of the President of the Student Government Association. Shall coordinate with the Office of Student Life to select the Student Trustee every odd academic year. Article II Chief of Staff and Executive Cabinet

Section 1.

All Cabinet Members and the Chief of Staff shall serve at the discretion of the President of the Student Government Association with respect to specific duties and terms of office. All Cabinet Members and the Chief of Staff may be appointed and removed from office by the President at any time. All Cabinet Members and the Chief of Staff shall be automatically and immediately removed from office if his/her academic standing is academic probation. All Cabinet Members and the Chief of Staff shall be automatically and immediately removed from office if his/her disciplinary standing is disciplinary probation. All Cabinet Members and the Chief of Staff shall maintain a full-time equivalency status throughout their terms of office, which is defined as a minimum of twelve credit hours on-campus, or a combination of on-campus and online classes, excluding summer sessions. All Cabinet Members and the Chief of Staff shall provide all documents pertaining to their respective offices to the Student Government Association Archivist. Chief of Staff A. Shall be in charge of executive transitions. B. Shall be in charge of providing the President of the Student Government Association with students to fill University Governance positions. C. Shall aid in the execution of legislation, after passed by Student Senate and signed by the President. D. Shall be in charge of platform points for the Executive Branch. E. Shall provide all documents regarding the progress of the executive platform to the Archivist. F. Shall preside in the absence of the President and Vice President at the meetings of the Executive Branch, at the discretion of the President.

Section 2. Section 3.

Section 4.

Section 5.

Section 6.

Section 7.

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G. Section 8.

Shall attend meetings at the discretion of the President of the Student Government Association.

The following Cabinet positions shall be filled for the purpose of carrying out the executive function of the Student Government Association. A. Press Secretary B. Secretary of Justice C. Secretary of University Governance D. Secretary of Diversity E. Archivist Press Secretary A. Shall create and provide concise reports to local and campus media outlets outlining current and future Student Government Association initiatives. B. Shall keep records of all such releases and communicate them to the Secretary of the Student Government Association and the Secretary of Information Technology. C. Shall be prepared to field specific and technical questions to the media regarding all aspects of the executive agenda. D. Shall represent the Executive Officers of the Student Government Association to the media at large if they are not available for comment. E. Shall coordinate any open forums, press conferences, or other related matters wherein the primary focus is dissemination of information to the public. Secretary of Justice A. Shall serve as an ex-officio, non-voting member of the Student Government Association Judicial Court and shall act as chair of that body. B. Shall oversee the operations and proceedings of the Judicial Court. C. Shall work to find qualified students to fill all available seats on the Judicial Court. D. Shall make recommendations to the Executive Officers on any matter that falls under the express jurisdiction of the Judicial Court. Secretary of University Governance A. Shall monitor and coordinate student attendance at all University Senate Council and Committee meetings, in accordance with all University Governance governing documents. B. Shall work with the President and the Chief of Staff of the Student Government Association to find qualified students to fill all available seats within the University Governance structure. C. Shall work with the Under-Secretary of University Senate to maintain an orderly record of minutes, reports, and student attendance from within the University Governance structure. Secretary of Diversity

Section 9.

Section 10.

Section 11.

Section 12.

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A. B. C. D. Section 13.

Shall act as liaison between multicultural student organizations and the Executive Officers. Shall promote multicultural student activities and cooperate with all campus groups to promote campus unity. Shall advise the President of the Student Government Association in selecting a diverse group of students for presidential appointments. Shall serve as an ex-officio, non-voting member of the Diversity and Multicultural Committee in Student Senate.

Archivist A. Shall be appointed by the President of the Student Government Association, with two-thirds approval of the Student Senate. B. Shall maintain the Student Government Association Archives, which are to include the five (5) most recent years of documents in the Student Government Association Office. C. Shall analyze and, if considered necessary, redevelop the current system of organization for the Student Government Association Archives to serve its purpose as effectively as possible. D. Shall transfer documents from years prior to the five (5) most recent in the Student Government Association Archives to the Ball State University Archives at the beginning of the legislative term. E. Shall act as the archival resource to all three (3) branches of the Student Government Association. Article III Legislative

Section 1.

Membership A. Numerical representation shall be as stated in the Elections Code. B. Any senator shall be automatically and immediately removed from office if his/her academic standing is academic probation. C. All senators shall maintain a full-time equivalency status throughout their terms of office. D. On-Campus Senators 1) On-Campus senators shall represent the entirety of their respective University Housing establishments. 2) All qualifications and procedures of Student Senate shall apply to On-Campus senators. E. Off-Campus Senators 1) Off-Campus senators shall represent the entirety of the off-campus student community. 2) Those students that participate in the spring election shall prove his/her upcoming fall semester residence to be off campus in order to run in the election as an Off-Campus senator.

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3)

F.

G.

H.

I.

J.

K. L.

The Elections Board shall determine the proof required to run in the election. 4) All qualifications and procedures of Student Senate shall apply to Off-Campus senators. At-Large Senators 1) At-Large senators shall represent the entirety of the student body. 2) All qualifications and procedures of Student Senate shall apply to At-Large senators. Freshman Senators 1) Freshman senators shall represent the entirety of the freshman class. 2) All qualifications and procedures of Student Senate shall apply to freshman senators. Graduate Senators 1) Graduate senators shall represent the entirety of the graduate classes. 2) All qualifications and procedures of Student Senate shall apply to graduate senators. Out-of-State Senators 1) Out-of-State senators shall represent the entirety of the out-of-state student body. 2) All qualifications and procedures of Student Senate shall apply to graduate senators. Organizational Senators 1) Organizational senators shall represent the entirety of their respective organizations. 2) All qualifications and procedures of Student Senate shall apply to organization senators. Elections shall be held in accordance with the Student Government Associations Election Code. Attendance 1) Attendance is mandatory for all voting members of the Student Senate. Attendance is defined as being present from the opening roll call to the closing roll call. If a senator, or his/her proxy, fails to answer any roll call during the Senate meeting, the Secretary may assess the respective senator with a tardy. For every three (3) tardies accumulated by a senator, the Secretary may assess that senator with an unexcused absence. 2) Two (2) unexcused absences will result in automatic dismissal from Senate. Special circumstances will be handled by the Secretary. 3) Senators shall initially be limited to two (2) proxies per one (1) semester. When a senator has reached the proxy limit, the Secretary shall notify the Senate of such and it shall then require a two-third (2/3) vote of the senators present to approve a proxy for

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M.

the senator. Proxies may not vote at any time, nor shall they have parliamentary authority. 4) The quorum necessary for the Student Senate to conduct business shall be a simple majority of those senators duly elected, appointed, or otherwise chosen to serve. The quorum shall be determined by counting only those seats which are filled; vacant Student Senate seats shall not be counted in the computation of quorum. On-Campus Representation 1) University Housing establishments shall be automatically granted seats in the Caucus at the beginning of each legislative term. 2) A University Housing establishment that accumulates two (2) unexcused absences during a single legislative term shall be given written notification from the Executive Secretary regarding the removal of its Senator and the need for replacement. a) The University Housing establishment is given two (2) weeks from notification to provide representation. b) If no replacement is provided within the two (2) weeks from notification, the University Housing establishment may regain representation through provisions in Article III.M.1 or Article III.M.3. 3) A University Housing establishment seeking to regain its seat before the next legislative term after the seat has been lost must complete the following. a) Obtain a letter of recommendation from the University Housing establishments advisor or director. b) Submit a letter to the Credentials Board Chair and to the President of the Student Senate including, but not limited to, the explanation of the following things: i) The justification as to why the University Housing establishment lost its seat. ii) The rationale as to why the University Housing establishment should be reinstated onto the Student Senate floor before the following legislative term. iii) An explanation of contributions the University Housing establishment could offer to the Student Senate. iv) A discussion as to if there would be any future problems with retaining a seat in the Student Senate. c) Be interviewed separately by both the Credentials Board and an interview board made up of the President of the Student Government Association, the President of the Student Senate, and the President Pro Tempore of the Student Senate.

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N.

Approval shall take place upon a two-thirds (2/3) vote of the Student Senate. Organizational Representation 1) The organization applying for a Student Senate seat must be recognized by Ball State University. 2) Ball State University must employ the organizations advisor. 3) The Organizational Caucus shall include the following organizations. a) One representative from each of the following protected organizations: Asian-American Student Association, Black Student Association, Disabled Students in Action, Interfraternal Council, Latino Student Union, National PanHellenic Council, Panhellenic Council, Spectrum, Student Voluntary Services, University Programs Board, and University International Ambassadors Club. b) Two (2) additional seats may be filled by unprotected organizations applying through the process as stated in Article III.1.N.5. 4) Protected organizations shall be automatically granted seats in the Caucus at the beginning of each legislative term. 5) Unprotected organizations wanting to obtain a seat on the Student Senate floor must go through the following application process at the beginning of each legislative term. a) Obtain three hundred (300) signatures from the student body. b) Submit a written proposal to the Credentials Board following the guidelines established. c) Be interviewed by the Credentials Board. d) Be recommended for approval by the Credentials Board. 6) A protected organization that accumulates two (2) unexcused absences during a single legislative term shall be given written notification from the Executive Secretary regarding the removal of its Senator and the need for replacement. a) The protected organization is given two (2) weeks from notification to provide representation. b) If no replacement is provided within the two (2) weeks from notification, the protected organization may regain representation through provisions in Article III.N.4 or Article III.N.8. 7) An unprotected organization that accumulates two (2) unexcused absences during a single legislative term shall be given written notification from the Executive Secretary regarding the removal of its Senator and the need for replacement. a) The unprotected organization is given two (2) weeks from notification to provide representation.

d)

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b)

8)

If no replacement is provided within the two (2) weeks from notification, the unprotected organization may regain representation through provisions in Article III.N.5 or Article III.N.8. A protected or unprotected organization seeking to regain its seat before the next legislative term after the seat has been lost must complete the following. a) Obtain two (2) letters of recommendation from the organizations faculty advisor and from an administrator of Ball State University. b) Submit a letter to the Credentials Board Chair and to the President of the Student Senate including, but not limited to, the explanation of the following things: i) The justification as to why the organization lost its seat. ii) The rationale as to why the organization should be reinstated onto the Student Senate floor before the following legislative term. iii) An explanation of contributions the organization could offer to the Student Senate. iv) A discussion as to if there would be any future problems with retaining a seat in the Student Senate. c) Be interviewed separately by both the Credentials Board and an interview board made up of the President of the Student Government Association, the President of the Student Senate, and the President Pro Tempore of the Student Senate. d) Approval shall take place upon a two-thirds (2/3) vote of the Student Senate.

Section 2.

Duties and Powers A. Types of Legislation 1) Bills a) Bills create official Student Government Association policies, rules, and regulations, and are only appropriate for matters within the Student Government Association jurisdiction. b) Changes to the Elections Code shall require a two-thirds (2/3) vote, while all other bills require a majority vote of voting members present. c) A bill is subject to one (1) reading in Agenda Committee, two (2) readings during separate meetings upon the Student Senate floor, and approval or veto by the President of the Student Government Association. 2) Resolutions

Student Government Association Bylaws 9

a)

3)

4)

Resolutions formalize official Student Government Association opinions, views, or calls to action including all matters not within the Student Government Association jurisdiction. b) A resolution is subject to one (1) reading in Agenda Committee, two (2) readings during separate meetings upon the Student Senate floor, and approval or veto by the President of the Student Government Association. Senate Orders a) Senate Orders are formalized recognitions for on-campus individuals, student organizations, and other groups deemed fit by the Agenda Committee. b) Senate Orders will be announced in the Student Senate during Special Orders of Business. c) A Senate Order is subject to one (1) reading in the Agenda Committee and an announcement in Student Senate. Senate Amendments Amendments to the Student Government Association Bylaws shall be made in the following manner: a) The proposed amendment is immediately sent to the Rules and Constitution Committee. b) The proposed amendment shall be presented in writing to be read and distributed to the members of the Student Senate. c) A two-thirds (2/3) vote of the Student Senate is required to pass the proposed amendment if it is brought out of Committee. d) The passed amendment is subject to approval or veto by the President of the Student Government Association.

B.

Legislative Process 1) All legislation must be authored or sponsored by a senator. 2) All new legislation must be submitted to the chair of the Agenda Committee of Student Senate and shall be acted upon as defined in Article III.8.E.1. 3) Legislation shall be acted upon by the appropriate Student Senate Committee as directed by the Agenda Committee of Student Senate. 4) Legislation shall be acted upon by the Student Senate when the appropriate number of readings and committee actions have been taken. 5) Senate Bills and Resolutions may be amended in only the final two reading within Student Senate. 6) The preceding process may be suspended because of extenuating circumstances by a two-thirds (2/3) vote of the Student Senate. 7) All legislation is subject to presidential approval or veto.

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a)

8)

9)

Legislation shall become effective with the signature of the President of the Student Government Association. b) If the President of the Student Government Association has objection to the legislation and vetoes it, the Student Senate shall have the power to override the Presidents veto by a two-thirds (2/3) vote. c) If the President neither signs nor vetoes the legislation by the next regularly scheduled meeting of the Student Senate, it shall become effective at that time. If a senator votes within the minority on a piece of legislation, he or she has the right to file a dissenting opinion. a) The author(s) of the dissenting opinion must submit the essay to the Agenda Committee by the second Friday at office closing after the vote passes. b) There shall only be one dissenting opinion per piece of legislation. i. Upon submission of the dissenting opinion, the President Pro Tempore will contact the author(s) of the original piece of legislation informing the author(s) they may submit a majority opinion by the next Friday at office closing. ii. After receiving both dissenting and majority opinions, the Agenda Committee must create a Special Order of Business the Wednesday immediately following their submission to announce their submission. iii. The dissenting and majority opinions will then be filed in the office with the original piece of legislation. If a senator votes within the majority on a piece of legislation, but for reasons other than what are given by the majority, he or she has the right to file a concurring opinion. a) The author(s) of the concurring opinion must submit the essay to the Agenda Committee by the second Friday at office closing after the vote passes. b) There shall only be one concurring opinion per piece of legislation. i. Upon submission of the concurring opinion, the President Pro Tempore will contact the author(s) of the original piece of legislation informing the author(s) they may submit a majority opinion by the next Friday at office closing. ii. After receiving both concurring and majority opinions, the Agenda Committee must create a Special Order of Business the Wednesday

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immediately following their submission to announce their submission. iii. The concurring and majority opinions will then be filed in the office with the original piece of legislation. C. Student Senate shall be empowered to remove from office all Executive Officers, Cabinet members, Parliamentarian, Senators, Judicial Court members, members of Autonomous Boards, and all members of the Executive Board according to the following process. 1) Student Senate shall have the sole power of impeachment and hearings of disciplinary action. 2) Penalties imposed as a result of disciplinary actions may include, but are not limited to, censure and/or removal from office. In the case where the Student Government Association funds are involved, compensation to the Student Government Association for missing funds shall be in order. In other cases, judgment shall not extend further than removal from office. 3) When the President or Vice President of the Student Government Association is accused, the voting members of the Judicial Court shall elect from their membership a presiding officer. When the Treasurer, Secretary, or any other member of the Executive Council is accused, the President Pro Tempore shall serve as the presiding officer. These individuals shall only preside over the hearing before the Student Senate, should one be required. 4) Upon receipt by the presiding officer of the Student Senate of a petition signed by one-third (1/3) of the voting members of the Student Senate, calling for an investigation into disciplinary matters against a member of the Student Government Association, a committee shall be convened to investigate the matter. The formation of this committee shall be made known to the Student Senate. The Secretary shall notify the accused of the formation of the Committee and of the charges levied against him/her. In the event that the Secretary is the individual accused, the Parliamentarian shall issue the written notice. The voting members of this committee shall consist of the Chairs of the Standing Committees of the Student Senate. The Student Senate Parliamentarian shall serve as a non-voting member of the Committee. The Investigations Committee shall elect its Chair from among its voting members. 5) Procedures of Disciplinary Action a) Notification and Quorum. The Investigations Committee shall serve written notice to the accused at least five (5) days prior to any and all meetings of the Committee, including the time and place of those meetings. A quorum of three-fourths (3/4) of the Committees total membership shall be necessary to conduct any business.

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b)

c)

d)

e)

f)

g)

Presentation of Cases. The accused may present his/her case in writing and/or by personal appearance. This choice is left to the discretion of the accused. During meetings of the Investigation Committee, the members of the Committee and the student may ask questions. Witnesses. The Committee and the accused may invite persons who have information relevant to the accusation to present testimony at the investigative meetings; however, the Committees Chair may limit the number of witnesses to avoid repetition and cumulative testimony. Each party is responsible for ensuring the presence of their respective witnesses at the meetings and shall be prohibited from submitting a written statement in lieu of personal testimony unless a majority of the Committee determines that the witness is unable to testify in person. Disqualification and Challenges. Any member of the Investigations Committee shall disqualify himself/herself if he/she has a conflict of interest with the case, the student, or has a personal bias. The decision whether to disqualify a challenged member shall be made by a simple majority vote of the remaining members present. If a challenge is upheld, the appropriate Standing or Independent Committee shall be notified and shall select a replacement for the disqualified member. Conduct of the Committee Meeting. Meetings of the Investigations Committee shall be conducted in an informal manner and without reference to rules applicable to a court of law concerning the examination of witnesses and the admissibility of evidence, but with a view toward providing a complete understanding of the facts involved. Irrelevant, immaterial, and unduly repetitious evidence may be excluded. Meetings of the Investigations Committee shall be private. The accused shall have the right to make a record of the meeting(s) at his/her own expense by having a person of his/her choice make an informal record of the meeting(s). Additional Rules. Procedural rules not inconsistent with these procedures may be established by the Investigations Committee from time to time to fulfill its functions in an orderly fashion. Determination and Recommendation of the Investigations Committee. The Committee shall meet in one or more private sessions after all testimony and evidence is collected. The purpose of these meetings, open only to members of the Committee, shall be to weigh all information gathered and to decide upon its

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6)

7) Section 3.

recommendation to the Student Senate. The Committee shall decide, based upon the information collected, to recommend that the charges be dismissed or that the Student Senate proceed to a disciplinary hearing. The Committee is not to determine the guilt or innocence of the accused. The Student Senate shall, by a simple majority vote, decide to accept the recommendation of the Investigation Committee. If the Student Senate votes to hear the trial, a special session shall be called within one (1) week. The Chair of the Investigations Committee or his/her designee shall introduce the collected evidence to the Student Senate. Upon this reports completion, the accused may respond. The Student Senate shall then be open to debate the removal of the accused. It shall require a two-thirds (2/3) vote of the total voting members to remove the accused from office. Offices left vacant due to impeachment shall be filled according to Article III.1.K.

President of the Student Senate A. The Vice President of the Student Government Association shall serve as President of the Student Senate. B. Shall preside at all meetings of the Student Senate. C. Shall chair the Agenda Committee. D. Shall appoint Ad-Hoc Committees. E. Shall create special commissions, as he/she deems necessary for the running of the Student Senate. F. Shall be empowered to require reports from all areas of the Student Senate. G. Shall direct all legislation passed by the Student Senate to the President of the Student Government Association to be acted upon. H. Shall direct all legislation passed by the Student Senate to the appropriate body mandated by the legislation. I. Shall serve as an ex-officio, non-voting member of all Student Senate Committees with the exception of the Agenda Committee, where he/she will have a vote. J. Shall be empowered to call the Student Senate Committees to meet. K. Shall be the final authority on procedure based on Roberts Rules of Order in the absence of the Parliamentarian, unless overridden by two-thirds (2/3) vote of the Student Senate.

Section 4.

President Pro Tempore A. Shall be elected by the Student Senate from its voting membership.

Student Government Association Bylaws 14

B. C. D. E. F. G.

H. I. J. K. L. Section 5.

Shall preside at all Student Senate meetings in the absence of the President of the Student Senate. Shall serve on the Agenda Committee. Shall serve on the Executive Council as an ex-officio, non-voting member. Shall be a member of the University Senate and shall serve on the Agenda Committee of that body. Shall make Committee assignments for the Student Senate. Shall be responsible for the orientation of new senators and for the assistance of all senators throughout their terms. 1) Shall hold an orientation with each On-Campus senator outlining the expectations of their position and present a contract that both the senator-elect and the respective Hall Council President must sign stating their understanding of the attendance policy and reapplication process, as stated in Article III.1.M. 2) Shall hold an orientation with each Organizational senator outlining the expectations of their position and present a contract that both the senator-elect and the respective organizations executive must sign stating their understanding of the attendance policy and reapplication process, as stated in Article III.1.N. Shall chair the Finance Committee. Shall direct all appropriate legislation passed by the Student Senate to the University Senate. Shall be a non-voting member of the Judicial Court. Shall serve as a Student Senate representative to Campus Council. Shall serve on the Rules and Constitution Committee as Chair in the absence of the Parliamentarian.

Secretary of the Student Senate A. The Secretary of the Student Government Association shall serve as the Secretary of the Student Senate. B. Shall keep the minutes (including the roll of voting and ex-officio, nonvoting members), reports, and legislation of the Student Senate, and provide the same to the Student Senate. C. Shall oversee the preparation of proposed legislation. D. Shall notify senators of meetings.

Section 6.

Parliamentarian A. Shall be appointed by the President of the Student Senate with approval of the Student Senate. B. Shall provide the Student Senate options on procedure, legality of Student Senate actions, and constitutional actions. C. Shall serve on the Rules and Constitution Committee as its chair. D. Shall be the final authority on procedure based on Roberts Rules of Order, unless overridden by a two-thirds (2/3) vote of the Student Senate.

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E. F. Section 7.

Shall complete two (2) office hours per week. Shall provide all documents pertaining to this office to the Student Government Association Archivist.

Student Senate Committees A. Each member of the Student Senate shall be assigned to one (1) Standing Committee. B. Standing Committee assignments shall be made by the President Pro Tempore. C. The Standing Committees are as follows: 1) Governmental Affairs and Student Awareness 2) Community and Environmental Affairs 3) Academic Affairs 4) Student Safety 5) Student Services 6) Diversity and Multicultural Affairs D. The membership of each Standing Committee may also include an exofficio, non-voting member as executive director. E. Select members of the Student Senate shall also serve on Independent Committees, though no senator shall serve as a voting member on more than two (2) Independent Committees, other than the Agenda Committee. F. Independent Committee assignments shall be made as prescribed by Article III.8.E. G. The Independent Committees are as follows: 1) Agenda 2) Rules and Constitution 3) Finance 4) Co-Sponsorship Committee Responsibilities A. Shall consider all matters and legislation within its assigned jurisdiction, and shall research all legislation assigned to the Committee by the Agenda Committee and report it to the Student Senate with the Committees recommendation. B. Shall provide all documents pertaining to the Committee to the Student Government Association Archivist. C. Chair of the Committee shall make recommendations to create Ad-Hoc Subcommittees, with the consent of the President of the Student Senate and the President Pro Tempore, to deal with legislation and matters within the Committees jurisdiction. 1) The Chair of the Subcommittee shall be a member of the Standing/Independent Committee appointed by the Chair of the Committee. 2) All other members of the Subcommittee shall be members of the Student Government Association appointed by the Chair of the Standing/Independent Committee.

Section 8.

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D.

Standing Committees 1) Governmental Affairs and Community Advancement a) Shall consider all matters concerning local, state, and national government bodies. b) Shall monitor and work with the student representatives to University Senate. c) Shall send the Whip of the Committee to the Muncie City Council meetings who will represent the Student Government Associations views at the City Council meetings. d) Shall report back to the Governmental Affairs and Community Advancement Committee and the Student Government Association about how and what is affecting Ball State University. 2) Community and Environmental Affairs a) Shall consider all matters concerning community organizations and activities. b) Shall consider all matters concerning non-governmental bodies within the campus community. c) Shall consider all environmental issues affecting the student body. d) Shall monitor and work with the Directory of Public Policy. 3) Academic Affairs a) Shall consider all matters concerning academic areas and policies. b) Shall monitor and work with the Director of Academic Affairs. 4) Student Safety a) Shall consider all matters concerning student safety. b) Shall monitor and work with the Director of Student Safety. 5) Student Services a) Shall consider all matters concerning financial aid, food services, guidance and University services, wellness, disabled services, and transportation. b) Shall monitor and work with the Director of Student Services. 6) Diversity and Multicultural Affairs a) Shall consider all matters concerning campus unity. b) Shall consider all multicultural issues affecting the student body. c) Shall consider all problems brought to the Student Senates attention by campus student organizations. d) Shall consider all gender and sexuality issues affecting the student body. e) Shall monitor and work with the Director of the Multicultural Center.

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E.

Independent Committees 1) Agenda a) Shall consist of the President of the Student Senate, Secretary of the Student Senate, President Pro Tempore, Parliamentarian, and the Chairs or appointed representatives of all Student Senate Standing Committees and Caucuses. b) The President of the Student Senate shall recommend to the Agenda Committee which committee to send legislation to for further action. i. Such action shall replace first reading. ii. Constitutional, Bylaws, and Elections Code amendments shall go to the Rules and Constitution Committee, where the second reading shall take place. iii. All other readings shall take place on the floor of the Student Senate as defined in Article III.2.A. c) Shall decide the agenda of Student Senate. d) Shall act as an idea exchange for all Committee Chairs. e) Shall meet weekly prior to Student Senate. f) Attendance and Proxy Requirements i. The power to declare an absence, excused or unexcused, ultimately resides with the Secretary of the Student Senate. Those absences due to academic issues, illness, emergencies, or occupational requirements shall initially be deemed excused. The Secretary shall be empowered to request written verification for any excused absence. If such verification is not presented within seven (7) days time of the absence, the Secretary shall be empowered to declare the absence unexcused. ii. No member of the Committee shall have more than two (2) unexcused absences, nor shall any member have more than three (3) proxies to the Agenda Committee in any one (1) semester. In the event that a member acquires a third subsequent unexcused absence, or a fourth subsequent proxy, the Secretary shall notify the appropriate Committee or Caucus. That Committee or Caucus shall then decide whether or not to elect a new Agenda Committee representative. The Agenda Committee shall not have the power to remove from office the Chair of any Committee or Caucus. iii. In the event that an officer of the Student Senate exceeds his/her proxy and/or unexcused absence

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iv.

limit, the Secretary of the Student Senate shall notify the Student Senate at the next meeting so they may consider disciplinary action. No officer shall automatically be removed as a member of the Committee, and thereby his/her officer, without the consideration and approval of the Student Senate. Such action must occur as detailed in Article III.2.C. Proxies for members of the Agenda Committee will be allowed, but must adhere to these guidelines: a) Proxies for Standing Committees and Caucuses must be senators from the appropriate Committee or Caucus. b) Proxies for the Parliamentarian must come from the Rules and Constitution Committee. c) Proxies for the President Pro Tempore may be any voting member of the Student Senate who is not currently a member or proxy to the Agenda Committee. d) Proxies for the Secretary of the Student Senate must be a member of the Executive Council. e) The Vice President of the Student Government Association shall not be entitled to a proxy. In his/her absence, the Student Senate President Pro Tempore shall preside. f) When a member of the Agenda Committee has been excuse from a meeting of that Committee, no proxy shall be required.

2)

3)

Rules and Constitution a) The Chair shall be the Parliamentarian by virtue of the office. b) The Parliamentarian shall appoint one (1) member from each Caucus to the Committee with approval of the Student Senate. c) Shall review and recommend Constitution, Bylaw, and Code changes. Finance a) The Chair shall be the President Pro Tempore by virtue of the office. b) Each Caucus shall select one (1) member to serve on the Committee. c) The Treasurer of the Student Government Association shall present the Student Government Associations budget to

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4)

the Committee and shall serve as an ex-officio, non-voting member. d) Shall review the proposed budget and shall submit the budget to the Student Senate with recommendations for approval prior to the end of the spring semester and at the beginning of the fall semester. e) Shall meet weekly until the proposed budget is passed by the Student Senate. f) Shall have all revisions of the budget returned to the Committee for further review, as requested by the Student Senate, and shall submit the revised budget back to the Student Senate for approval. g) Shall present to the Student Senate, concurrently with the proposed budget, a Committee report summarizing changes from the previous years budget. h) Shall monitor the spending and appropriations of the Student Government Association to ensure that the budget is being followed and that the student body is being served. i) Shall be empowered to approve all line-item changes made to the budget during the regular course of the semester. Co-Sponsorship a) The Treasurer of the Student Government Association shall serve as the Chair and shall receive all applications for cosponsorship. b) The President Pro Tempore of the Student Senate shall be an ex-officio, non-voting member. c) The voting membership of the Committee shall be composed of one senator elected from each Caucus. d) All voting members must be present at the time of voting in order to approve any bill or application being presented, otherwise the bill or application shall be tabled until the subsequent meeting. e) Shall be responsible for evaluating requests from and making allocations of funds to other Ball State University student organizations. f) All such bills must be received by the Treasurer of the Student Government Association thirty (30) days prior to the event for bills less than $1,000 and sixty (60) days prior to the event for bills $1,000 or greater. g) Policies and procedures used by Committee shall be determined by appropriate legislation. h) Committee Advisor shall be an ex-officio, non-voting member and shall be present at all meetings.

Section 9.

Student Senate Caucuses A. Each member of the Student Senate shall be assigned to one (1) Caucus.

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B.

C.

D.

E.

The Caucuses are the following: 1) At-Large, which shall include At-Large senators, Freshman senators, Graduate senators, and Out-of-State senators. 2) Off-Campus, which shall include Off-Campus senators. 3) On-Campus, which shall include On-Campus senators. 4) Organizational, which shall include Organizational senators. Each Caucus shall elect from within its membership a Chair and Whip. 1) The On-Campus Caucus shall also elect, from within its voting membership, a liaison to the Residence Hall Association who shall serve in accordance with the Residence Hall Associations rules. Each Caucus shall send one member to participate on the Agenda Committee. 1) The Caucus Chair shall serve on the Agenda Committee unless that person is already on the Committee by virtue of another office. 2) If a Caucus Chair is unable to serve on the Agenda Committee, the Caucus Whip shall serve unless that person is already on the Committee by virtue of another office. 3) If both Caucus Chair and Whip are unable to serve as the Caucus representative to the Agenda Committee, the Caucus shall elect from its membership an Agenda Committee representative who does not already serve on the Committee by virtue of another office. Each Caucus shall provide all documents pertaining to the Caucus to the Student Government Association Archivist. Article IV Judicial Court System

Section 1.

Membership A. The membership of the Judicial Court shall be as follows: 1) Between seven (7) and seventeen (17) Justices. 2) Three (3) ex-officio, non-voting members, comprised of the Secretary of Justice, the Executive Vice President, and the Parliamentarian. B. Term of Office 1) The term of office shall correspond with the legislative term in which the Justice was appointed. 2) A justice is eligible to serve multiple terms after submitting written support from the Director of Student Rights and Community Standards to Credentials Board and after being interviewed by the Director of Student Rights and Community Standards. C. Resignation or Removal 1) Any Justice shall be automatically and immediately removed from office if his/her academic standing is academic probation.

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2)

D.

All Justices shall maintain a full-time equivalency status throughout their terms of office. 3) A Justice may be removed from office by any of the following: a) The vote of one fewer than the number of voting Justices and a two-thirds (2/3) vote of the Student Senate. b) One (1) unexcused absence from a Judicial Court and/or University Review Board hearing or meeting. c) The accumulation of three (3) excused absences from Judicial Court meetings and hearings. d) The accumulation of three (3) Valid Write-Ups during one (1) legislative term. 4) Write-Ups a) A Justice may receive a Write-Up from the Secretary of Justice for unprofessional behavior during a Judicial Court meeting or hearing. b) A Justice may receive a Write-Up from the Director of Student Rights and Community Standards for unprofessional behavior during a University Review Board meeting or hearing. c) A Write-Up becomes a Valid Write-Up when the Executive Vice President accepts and signs the Write-Up. d) A copy of the Valid Write-Up shall be presented to the Justice. Judicial Court and University Review Board Representation 1) Candidates for Judicial Court and University Review Board must petition for membership by submitting a completed application to the Credentials Board. 2) The Credentials Board shall review submitted applications, whereupon the Board shall select potential Justices to be approves by a simply majority vote of the Student Senate. 3) The Credentials Board shall submit to the Secretary of Justice the names of all Justices approved by the Student Senate. 4) The Secretary of Justice, the President of Student Senate, and the Director of Student Rights and Community Standards shall fill remaining seats from the eligible applicants. 5) Approved applications are forwarded to the Director of Student Rights and Community Standards for contact regarding training, etc.

Section 2.

Duties and Responsibilities A. Justices shall be required to uphold the following duties: 1) Shall meet to adjudicate alleged violations by student organizations and by SGA members of SGA policies. 2) Participate in hearings to decide cases that fall under Article IV.3.A.

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3)

B.

Prepare and maintain a record of all Judicial Court cases and decisions. 4) Provide all documents pertaining to the Judicial Court to the Archivist. URB members shall be required to uphold the following duties: 1) Shall meet to adjudicate alleged violations of the Code of Student Rights and Community Standards by individual students. 2) Shall follow all standards that are on applications.

Section 3.

Jurisdiction and Procedure A. Jurisdiction 1) The jurisdiction of the Judicial Court shall include the following: a) Any case in which the meaning or interpretation of the Constitution or Bylaws of the Student Government Association is in question. b) Any case in which a member of the Student Government Association is accused of violating the Constitution or Bylaws. c) Any case in which a decision by a Board, Committee, or Executive Officer of the Student Government Association is in question. d) Any case in which a request for adjudication is made by an individual or recognized student organization. 2) In matters where another Ball State University entity has jurisdiction, any requests for adjudication shall be denied and sent to the corresponding judicial body. B. Procedure 1) Adjudication may be requested by the following: a) An individual or recognized campus organization, if standing in the concerned issue is present. b) A Student Government Association member. 2) Requests for adjudication shall be submitted to the Secretary of Justice, who shall present them to the Judicial Court within seven (7) days of submission. 3) The Secretary of Justice shall convene a court to adjudicate on the concerned issue, comprised of the Secretary of Justice and five (5) Justices selected from the seven (7) Justices of the Judicial Court system. 4) Procedure of Hearings a) Presentation of Cases: The parties may present their cases in writing or by personal appearance. The choice is left to the discretion of the parties. During the hearings, the Justices may question the parties if they are present. b) Witnesses: The Judicial Court and the parties may invite persons who have information relevant to the case to present testimony at the hearings; however, the Secretary of

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5) 6) 7)

Justice may limit the number of witnesses for the purpose of avoiding repetition and cumulative testimony. Parties are responsible for ensuring the presence of their respective witnesses at the hearings and shall be prohibited from submitting a written statement in lieu of personal testimony unless a majority of the Justices determine that the witness is unable to testify in person. c) Disqualification and Challenges: Any member of the Judicial Court shall be disqualified from serving if he/she has a conflict of interest with the case, if he/she has a conflict of interest with any of the parties, or if he/she has a personal bias with the case. The decision whether to disqualify a challenged member shall be made by a simple majority vote of the remaining Justices present. A disqualification shall not result in an accumulated absence. d) Conduct of Hearings: Hearings shall be conducted in an informal manner and without reference to the rule of law concerning the examination of witnesses and the admissibility of evidence, but with a view toward providing a complete understanding of the facts involved. Hearings shall be held in private. The parties shall have the right to make a record of the hearing at their own expense by having persons of their choice make an informal record of the hearing. e) Additional Rules: Procedural rules not inconsistent with these Bylaws may be established by the Secretary of Justice on a case-by-case basis in order to fulfill the functions of the Judicial Court in an orderly fashion. The case decision shall be presented in writing to the Student Senate and to all parties of the case within fourteen (14) days of the Judicial Courts reception of the request for adjudication. The Parliamentarian shall be present as an ex-officio, non-voting member in cases regarding the Constitution or Bylaws of the Student Government Association. All decisions shall be based on a simple majority vote. Article V Autonomous Boards

Section 1.

The President of the Student Government Association shall appoint the Chairs for each of the Boards unless already provided for in these Bylaws or their respective Codes. Elections Board

Section 2.

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A. B.

Shall consist of the Chair and six (6) members who shall be appointed by the Chair with Student Senate approval. Shall concern itself with the operation of the Student Government Association elections in accordance with the Student Government Association Elections Code.

Section 3.

Credentials Board A. Shall consist of five (5) senators. 1. The Chair shall be appointed by the President of the Student Government Association and, upon presentation of credentials, shall be approved by the Student Senate. 2. The Chair shall recommend the remaining four (4) members of the Board and, upon presentation of credentials, shall be approved by the Student Senate. 3. The President Pro-Tempore shall act on behalf of the Chair in his/her absence, at the discretion of the Chair. B. All applications for nomination shall be processed at the timely discretion of the Chair within at least two (2) weeks upon reception of the application by the Chair. 1. Upon reception, the Chair is to have the application go through a two point verification process. a) The application will be checked for academic probation with the Office of Student Life. b) The application will be checked for disciplinary probation with the office of Student Rights, Ethics and Standards. 2. For approval by Credentials Board, application must receive unanimous consent from the Board. 3. Applicants are presented before Student Senate with Student Senate holding the final authority of approval or declination, but not nomination. 4. If application is rejected, the applicant may reapply at the start of the next semester. C. Shall determine the format of all application forms for which it is responsible. 1. Every application must contain a statement of release allowing all information contained within the application to be discussed in the public forum of the Student Senate. 2. Every application must contain a statement of release allowing the Credentials Board Chair to verify that the applicant is in good academic and good disciplinary standing with the University.

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3. Every application must contain an area in which both the date of reception by the chair, and the confirmation of academic and disciplinary standings can be noted. 4. Every application must contain a space for all members of Credentials Board to sign and approve or reject said application. D. Shall require a petition for nomination for Student Senate applications. 1. Applicants for Student Senate are required to have at least fifty (50) valid signatures. 2. Applicants for the unprotected Organizational Caucus seats are required to have at least three hundred (300) valid signatures. 3. For a signature to be considered valid, there must be a name and either a phone number or email address. E. If a member of the Board applies for a position that requires the Credentials Board process, the President Pro Tempore shall act in said members place for that particular application. F. Term of office for Credentials Board members and its Chair will end upon the spring inauguration of the new executive slate of the Student Government Association. Article VI University Senate Section 1. Section 2. Section 3. University Senate student membership shall be defined in the University Senate Constitution. A University Senate representative shall automatically and immediately be removed from office if his/her academic or disciplinary standing are on probation. Elections of University Senate representatives shall be as stated in the Elections Code. Article VII Elections, Stipends, and Terms of Office Section 1. Section 2. Elections shall be conducted in accordance with the Student Government Association Elections Code. The Officers of the Student Government Association shall take office second to last Wednesday of the spring semester and shall hold office until the next Officers assume office. Student Government Association Executive Officers may succeed themselves.

Section 3.

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Section 4. Section 5.

Resignation must be presented in writing at a meeting of the Student Senate at least one (1) week prior to the time it goes into effect. Replacement A. Permanent replacements of positions not under the jurisdiction of the Credentials Board shall be elected by a simple majority vote of the Student Senate except in the case of a vacancy in the Executive Position. B. Replacement of elected Executive Officers shall take place as follows: 1) Vacancies in the offices of President and Vice President of the Student Government Association shall be filled by the following order of ascendance: President, Vice President, President Pro Tempore of the Student Senate. C. Temporary replacements of positions shall be elected by a simple majority of the Student Senate. Officers of the Student Government Association shall receive stipends based upon the current in-state tuition. A. President of the Student Government Association shall receive a stipend equal to full tuition. B. Vice President of the Student Government Association shall receive a stipend equal to five-sixths (5/6) of tuition. C. Secretary of the Student Government Association shall receive a stipend equal to two-thirds (2/3) of tuition. D. Treasurer of the Student Government Association shall receive a stipend equal to two-thirds (2/3) of tuition. E. President Pro Tempore of the Student Senate shall receive a stipend equal to two-thirds (2/3) of tuition. Each executive officer receiving a stipend must hold six (6) office hours each week. Article VIII Eligibility Requirements

Section 6.

Section 7.

Section 1.

In order to be eligible for candidacy for any office or position in the Ball State Student Government Association the student must be currently enrolled at Ball State University and may not be on academic probation or disciplinary probation. Each office will also have the following requirements: A. Judicial Court Justices: Each candidate must have at least forty-five (45) credit hours completed or three (3) semesters as a full-time student at Ball State University, excluding summer sessions, with at least a 2.7 cumulative grade point average. B. Senators: Must be members of their respective constituencies.

Section 2.

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Section 3.

All eligibly requirements must remain fulfilled throughout the duration of the legislative term. Article IX Separation of Powers

Section 1. Section 2. Section 3.

No voting member of the Legislative Branch shall serve as a voting member of the Judicial Branch or Executive Branch. No voting member of the Judicial Branch shall serve as a voting member of the Legislative Branch or the Executive Branch. No voting member of the Executive Branch shall serve as a voting member of the Judicial Branch or the Legislative Branch.

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